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Court of Appeal determines that the appellant, previously adjudicated bankrupt, does not have the standing to pursue litigation initiated prior to his bankruptcy. Despite his discharge from bankruptcy, the litigation remains vested in the official assignee, as the appellant's right to the subject matter did not automatically revert to him post-discharge. The court upheld the preliminary issue raised by the official assignee, concluding that the appellant's motions to reopen a judgment and order from 2017 must fail due to lack of standing. The court also noted that the appellant's estate, including any personal property involved in the litigation, remained with the official assignee after the appellant's discharge from bankruptcy, and did not revert to the appellant after three years as he contended.
Court of Appeal, bankruptcy, official assignee, locus standi, discharge from bankruptcy, vested litigation, personal property, Bankruptcy Act 1988, automatic discharge, after-acquired property, disclaimer of onerous property, family home, unrealised property, revesting of property, High Court proceedings, motions to reopen judgment, standing to sue, vested interests, Insolvency Service of Ireland, Rules of the Superior Courts (RSC).
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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